Common use of Procedure for Achieving Commercial Operation Clause in Contracts

Procedure for Achieving Commercial Operation. Seller shall deliver to Buyer a written notice that describes in reasonable detail Seller’s schedule for achieving any remaining Commercial Operation Conditions and the anticipated Commercial Operation Date (the “Commercial Operation Notice”) thirty (30) days prior to the anticipated Commercial Operation Date. When Seller believes the requirements of the Commercial Operation Conditions have been met, Seller shall provide Buyer with written notice certifying the satisfaction of the Commercial Operation Conditions, together with reasonable documentation and such other information as Buyer may reasonably request for Buyer to evaluate whether or not Seller has satisfied the Commercial Operation Conditions. If Buyer disagrees with Seller’s determination, Buyer must provide Seller notice of such disagreement, together with an explanation of the basis for such disagreement, within ten (10) Business Days following its receipt of Seller’s notice and supporting documentation. If Buyer so notifies Seller of such disagreement, the Parties shall review the supporting documentation and promptly resolve the dispute and determine whether or not the Commercial Operation Conditions have been satisfied. In the event the disagreement remains unresolved within thirty (30) days, either party may initiate the dispute resolution procedures in Section 11.10.

Procedure for Achieving Commercial Operation. Seller shall deliver to Buyer a written notice that describes in reasonable detail Seller’s schedule for achieving any remaining Commercial Operation Conditions and the anticipated Commercial Operation Date (the “Commercial Operation Notice”) thirty (30) days prior to the anticipated Commercial Operation Date. When Seller believes the requirements of the Commercial Operation Conditions have been met, Seller shall provide Buyer with written notice certifying the satisfaction of the Commercial Operation Conditions, together with reasonable documentation and such other information as Buyer may reasonably request for Buyer to evaluate whether or not Seller has satisfied the Commercial Operation Conditions. If Buyer disagrees with Seller’s determination, Buyer must provide Seller notice of such disagreement, together with an explanation of the basis for such disagreement, within ten (10) Business Days following its receipt of Seller’s notice and supporting documentation. If Buyer so notifies Seller of such disagreement, the Parties shall review the supporting documentation and promptly resolve the dispute and determine whether or not the Commercial Operation Conditions have been satisfied. In the event the disagreement remains unresolved within thirty thirty‌ (30) days, either party may initiate the dispute resolution procedures in Section 11.10.